Defendant's father testifies in Monroe trial

Witness says homicide victim was not afraid of ex-girlfriend.

February 14, 2007|By Joe McDonald Of The Morning Call

Testifying Tuesday at his daughter's homicide trial, Robert Kunkle told a Monroe County jury that Cheryl Kunkle and Benjamin Amato had been like "lovebirds," and were not locked in a bitter custody dispute, as prosecutors claim, that ended in November 2001 with Amato being beaten to death with a baseball bat in his Chestnuthill Township home.

"They hit it off " Kunkle, 71, said under questioning by defense attorney Brett Riegel. The elder Kunkle said he introduced his daughter to Amato, whom he described as a "good guy" he had known since 1980 and often invited to his house.

The testimony came on the day the defense rested. The jury could begin deliberations early this afternoon. Closing arguments are scheduled this morning before President Judge Ronald E. Vican.

Amato was found dead by state police Nov. 16, 2001. Cheryl Kunkle, 38, formerly of Coolbaugh Township, is charged with homicide in the case.

Kunkle's father said Amato was not afraid of his daughter, though he said Amato had gotten a "nasty call from her." Several prosecution witnesses, including a lawyer who represented Amato in a custody dispute with Kunkle, testified Amato told them he feared his former girlfriend was going to kill him.

The jury also heard testimony from Kunkle's mother, Janet Kunkle, who said she saw Amato give her daughter $3,000. She did not, however, give a time reference.

"I think it had something to do with Gregory [Rowe's] car," the mother testified.

Rowe, who is Cheryl Kunkle's son, testified he drove his mother to Amato's house on the night state police say Amato was killed. Rowe is serving two life sentences for killing his ex-girlfriend and baby daughter in Pike County.

A third family member, Kunkle's sister Anna Nichols of Allentown, also testified Tuesday. She testified she saw Amato give her sister $3,000. She also testified she had never seen her sister wear boots, but she admitted under cross-examination by District Attorney E. David Christine Jr. that she never saw what kind of footwear her sister wore at her driveway-sealing business.

Among the prosecution's evidence are pictures of a boot imprint in blood at the Amato house in Chestnuthill Township.

The jury also heard testimony from Joseph Weader, a forensic scientist and crime lab supervisor for the state police in Harrisburg, about small pieces of aluminum found on dents on drywall and wood paneling in the area where Amato was beaten to death.

Riegel suggested there was aluminum in the marks because an aluminum bat, not a wooden bat as the prosecution claimed, was used to kill Amato.

A witness, Gerard Terlesky, 49, of Blakeslee, Monroe County, previously said Kunkle told him she killed Amato and asked him to help her retrieve a bat she dumped on the side of a road, which she later buried.

Weader admitted under questioning by Assistant District Attorney Michael Mancuso that the aluminum might have come from a batting cage or even a fence if someone had rubbed a wooden bat against metallic items like those.

Weader also said the aluminum might have been transferred from drop ceiling runners if a bat came into contact with them.

"That is a possible source," Weader said.

More scientific evidence was presented by Cpl. Jody Radziewicz, a crime unit supervisor for state police in Hazleton, who inspected the vehicle Rowe used to drive his mother to and from Amato's house on the night police believe he was killed.

Radziewicz said he did not find any blood evidence in the vehicle.

Trooper Jill Mahady who worked in the Fern Ridge barracks in 2001, contradicted earlier test imony given by prosecution witness District Judge Debby York of Brodheadsville. York testified about a hearing in a harassment case Kunkle brought in the summer of 2001 against Amato. York said that when she ruled against Kunkle, Kunkle said: "What do I have to do kill him to get him to leave me alone?"

Mahady, however, said Kunkle only asked, "What do I have to do to get this guy to leave me alone?"

Two psychologists, John Abbruzzese and Scott Smickley, testified Amato never told them he had any fears about Kunkle during their initial meetings with Amato as part of the child custody visitation issues filed in Monroe County Court.

Amato, 52, and Kunkle had a baby boy in 1998 and Amato had begun pushing to have visitation rights to see the baby, about 21/2 years after the baby was born.